| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 72/10 |
| Determination date | 20 April 2010 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Abbott v Fresh Connection Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $1,600 as reasonable contribution to costs – Applicant argued no costs award - Argued alternatively $750 as reasonable contribution – Calderbank offer made to applicant prior to substantive investigation - Before costs submissions, applicant offered to pay $1,000 contribution to costs to settle matter – Respondent argued offer evidence applicant not impecunious – Authority found notional daily tariff rate appropriate – Found Calderbank offer not relevant as respondent successful – Found in any event, Calderbank offer questionable due to limited time applicant had to consider offer – Found applicant’s costs offer did not suggest would be able to pay in future – Found applicant’s financial situation tight – Found $750 reasonable contribution to costs appropriate – Costs in favour of respondent |
| Result | Costs in favour of respondent ($750) |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 72_10.pdf [pdf 15 KB] |